Step son have power of attorney over medical but brother can sign for his own finances as far as he knows. I’m in California and he is Alaska living with them. He is not happy because they are controlling him.
Hello,
Only if he names you his agent in the DPOA. If he feels that they are abusing him he should contact adult protective services in Alaska.
....HOSPITAL AWAITING PLACEMENT IN AN ASSISTED LIVING FACILITY . MEDICAID PAPERS HAVE BEEN FILED . AM I, AS A SON LEGALLY REQUIRED TO FOOT THE BILL FOR MY MOTHER'S EXTENDED CARE ?
If your mother qualifies for Medicaid then this program will be paying for your mother's care facility and prescriptions. In general, the family of a person are not legally responsible to pay that person's bills unless the family member signed a contract with the facility, for example.... Read more »
Or nursing home care can the house be signed over to the child before admission?
There's a lot of different things that can be effected if the house is transferred to the child when the parent enters a nursing home. For example, if the parent is going to need to qualify for Medicaid to pay for their nursing home stay, transferring the home may penalize them on the Medicaid... Read more »
I’m a 20 yr old adult looking to sue my biological family for manipulating and controlling my adoptive mother along with the emotional trauma they have caused. It’s gotten to the point where her marriage is in danger and she often chooses my biological family over us. They’ve become so... Read more »
There is a lot to unpack in this question. First, you are not able to bring a lawsuit on behalf of another unless they are a minor over which you have custody, or they are incompetent to bring a suit on their own for some other reason and you are the guardian, custodian, or have a power of attorney... Read more »
I have no expectations as one of the four children that I have sole right to the property and estate. What I am wondering is, because I am very low income, part of which is due to health issues, how much notice do I have a right to receive before they try and sell the house. For what we're... Read more »
Once someone passes away, their property becomes a part of their probate estate. Property in the name of someone who died cannot be sold until an estate is opened and someone is appointed as Personal Representative of the estate. Your post does not indicate whether an estate has been opened or... Read more »
The only thing that would go through probate if I were to file would be his truck. No other assets. His wife is deceased. House was foreclosed on. Bank account empty. There is no will. If I were to file in Probate Court as a Small Estate, and notify Medicaid in the process, would they come after... Read more »
If the truck is worth less than $5,000 and you paid for the funeral and the funeral cost more than the value of the truck, then you can file for a Summary Release from Administration and Medicaid does not need to be informed or paid back.
My relationship with my mother has always been difficult, but I brought her into my home and was willing to allow her to live with my husband and I until the end of her life. This was a mistake. She has always been a mean-spirited, narcissistic personality, but she now behaves in ways that are far... Read more »
Contact a real estate eviction attorney. He will advise you on the proper notice to be given to her. If you fail to follow the proper notice procedure and she fails to leave, you might have to wait even longer to get her to move out, and if you tell her to leave and she fails to leave and you... Read more »
She lives in filth, doesn't eat, can't clean herself and sits and sleeps in her own feces and urine.
I would approach an elderlaw attorney who is certified; the area office on aging can be of help.
Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.
On another note, many states have a statute that... Read more »
From reading, I don't need to file income or estate taxes. I'm confused on the capital gains. Please help. Thank you!
Under federal income tax law, the tax basis of your father is "stepped up" to fair market value on his date of death. That is the basis you would use to determine capital gains, if any.
So for example, if you dad purchased his house for $75K in 1995, and when he died in January... Read more »
My parents lost their original notarized copies of powers of attorney, naming myself as able to take care of finances, etc. They are both in assisted living, both with dementia, but able to still sign and converse. I have copies of the originals, is there a way to notarize these somehow? Add a... Read more »
That's an interesting question. You are essentially trying to have a new POA created with the same terms as the old POA. As phrased, the answer is probably no, but there may be ways around it. Keep in mind that you shouldn't need the original POA when acting for your parents for most... Read more »
My aunt and cousin have dual power of attorney of my grandma and my cousin is making decisions(medically and financially) not in the best interest of my grandma. What can we and my aunt do to take control and take care of grandma?
Yes, as long as your grandmother still has legal capacity (she knows what she is doing), she can revoke the prior POA and appoint someone else. If she does not have capacity, then no. You would have to file a guardianship suit (here in Louisiana we call this "Interdiction") to care for... Read more »
What is a typical payment arrangement? I assume no payment is necessary until the agent actually begins carrying out his duties. Is the payment arrangement something that should be spelled out in the power of attorney document?
Do not use an attorney. No reason to spend that money. Anyone you trust who has reasonable acumen, can perform the task. If you wish to pay anyone, yes, be sue to spell it out.
if medicaid sees that her house was transfered to me (son) within the previous 5 yrs do i have to give medicaid the house in order for her to be admitted to a nursing home with out delay ?
Most states allow a give back of property (in certain contexts called a "penalty cure") by the kids to the parents. So no, they will not seize the house.
If you received the house from her recently, a give back may be the best thing. However, if she "otherwise... Read more »
It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... Read more »
What is your question?
Your local circuit court clerks office.
My father is a homeless veteran due to a consent judgment outside the original will.
A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... Read more »
My mother is 78 years old and cannot care for herself. I pay for all the bills and expenses. My question is, is there any financial assistance available, through guardianship that I can apply for and how do I get this financial asistance in order to be able to pay the bills and all other expenses?... Read more »
Greetings:
Your mother can request government assistance to get food, try to qualify for medical assistance through medicaid and other services for the elderly through the local ombudsman offices as well as other government agencies that help the elderly.
Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?
No, the agent’s authority under a power of attorney is not assignable or delegable. The best solution would have been for your husband to have named a successor agent in the existing power of attorney. Chances are, however, it is too late for that because he lacks capacity. If you pass most... Read more »
Fraud and financial exploitation are at issue. Civil Trial completed. Appeals completed. Mistrial.
more info would be necessary.
however, as a rule, a criminal lawyer does NOT handle matters on a contingency.
this is because you are talking about civil liberty (jail) rather than a PI lawyer going after money.
you should probably write out a detailed summary so you... Read more »
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